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House of Assembly - Fifty-Fifth Parliament, First Session (55-1)
2025-05-14 Daily Xml
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Bills

Biodiversity Bill

Introduction and First Reading

The Hon. S.E. CLOSE (Port Adelaide—Deputy Premier, Minister for Climate, Environment and Water, Minister for Industry, Innovation and Science, Minister for Workforce and Population Strategy) (15:48): Obtained leave and introduced a bill for an act to provide for the conservation, restoration and enhancement of biodiversity in the state for the benefit of current and future generations, to make related amendments to various acts, to repeal the Native Vegetation Act 1991 and for other purposes. Read a first time.

Second Reading

The Hon. S.E. CLOSE (Port Adelaide—Deputy Premier, Minister for Climate, Environment and Water, Minister for Industry, Innovation and Science, Minister for Workforce and Population Strategy) (15:49): I move:

That this bill be now read a second time.

I am so pleased to be introducing this Biodiversity Bill. The bill repeals the Native Vegetation Act and parts of the National Parks and Wildlife Act. It fulfils the government's pre-election commitment to introduce a Biodiversity Act into parliament in this term of government and to make sure that conservation outcomes are fully integrated into how we all live sustainably and prosper for the long term.

It also represents Aboriginal South Australians in the management of land and respect for its ecosystems, recognising Aboriginal South Australians have been managing country and living sustainably on our lands and waters for more than 65,000 years.

Biodiversity is the foundation of life. Humans are not separate from the environment, we are part of it. The food we eat, the air we breathe, the industries we depend on, they all rely on the delicate balance of nature. Sadly, biodiversity loss is a crisis faced across the world. The World Economic Forum Global Risks Report 2025 identified biodiversity loss and ecosystem collapse as the second highest long-term risk facing the globe, second only to extreme weather events.

This pattern is reflected at a state level in South Australia. The 2023 State of the Environment Report found that South Australia's biodiversity is continuing to decline rapidly. Over 1,100 species of South Australian flora and fauna are listed as being at increased risk of extinction. Extinction is not just about losing a single species. When a species disappears, the entire ecosystem is disrupted: the plants that depend on it, the animals that feed on it, and even the microbes within it. Biodiversity loss is like removing threads from a web—eventually the entire system collapses.

The loss of biodiversity is not just an environmental issue, it is an economic risk. More than 80 per cent of our exports and over one third of the state's employment depends on nature. Industries like food, wine, tourism and agriculture all depend on healthy ecosystems. Our major trading partners are setting ambitious biodiversity targets and many are linking environmental standards to trade and investment. If SA fails to act, we risk being left behind in the global green economy.

Since colonisation South Australia's environment has changed dramatically. Some changes have driven progress, but others—habitat destruction, invasive species, pollution and unsustainable resource use—have harmed our ecosystems. At the same time, the displacement of Aboriginal communities has not only affected people, culture and heritage but also weakened traditional land management practices that protected biodiversity for tens of thousands of years. A business as usual approach is no longer an option. If we do nothing, the damage will become harder and more expensive, or even impossible to reverse.

Just as South Australia has led the way on climate action, committing to net zero emissions by 2050, we must now take the same ambitious approach to biodiversity. That is why I stand before you today to speak in support of the Biodiversity Bill 2025, a crucial piece of legislation that will modernise and strengthen protections for South Australia's biodiversity to benefit us and our future generations.

Arresting biodiversity loss and capitalising on a nature-positive green future for South Australia involves two key actions: protecting what we have left and restoring what we have lost. These reforms have been the subject of extensive community engagement and input by key sector groups, government partners and Aboriginal representatives and I would like to thank everyone who has been involved in the journey.

The draft bill was made available for public consultation between January and February 2025 and received a total of 1,249 responses. Overall, the community indicated strong support for the objects and principles of the act.

This bill establishes a new framework for how we protect, restore and interact with biodiversity in South Australia. It will consolidate biodiversity considerations previously spread across several pieces of legislation. The bill brings together the Native Vegetation Act and key biodiversity provisions from the National Parks and Wildlife Act, ensuring that they work together to provide stronger, clearer protections for nature. The bill also introduces significant improvements, including:

a new general duty ensuring that all South Australians play a role in protecting biodiversity;

stronger native plant laws providing clearer regulations to safeguard native vegetation;

tougher penalties to create stronger deterrence against environmental harm;

critical habitat protections, by introducing a new process to identify and safeguard habitats vital for the survival of threatened species; and

a new process for listing threatened species and threatened ecological communities, which aligns with other Australian jurisdictions and receives expert input from the scientific committee.

The bill will also be supported by four committees, each appointed on the basis of their skills and expertise. At the heart of this bill, and enshrined in its objects, are two key pillars: we must protect the biodiversity that we have left, and we must begin to restore and put back what we have lost. We know we are facing two clear threats to the planet and consequently our way of life: climate change and biodiversity decline. While both are independent challenges to our collective future, they exacerbate the effect of the other. This bill includes actions to guide conservation and restoration of nature and to build the resilience of our remaining biodiversity to include climate change.

This bill also seeks to enshrine, respect and acknowledge Aboriginal South Australians and the role that they have played in caring for and living sustainably on country. Native plant and animal species hold considerable meaning to Aboriginal South Australians. The wisdom they hold provides important understanding of our ecosystems, providing unique and valuable insights into biodiversity and how we can live with nature.

The bill ensures that Aboriginal knowledge is considered alongside science and local expertise in shaping conservation policy and restoration projects. An Aboriginal biodiversity committee will be established to provide environmental and cultural perspectives to the operation of the act. Recognition of culturally significant biodiversity entities will be established and determined voluntarily by Aboriginal groups to help guide policy and conservation efforts at a landscape level. This recognition will not inhibit individual land use decisions such as development approvals, instead it will help shape long-term environmental policy and restoration efforts.

Biodiversity is not just the government's responsibility, it belongs to all of us. That is why this bill introduces a general duty to not cause harm to biodiversity, ensuring that individuals, businesses and governments take proactive steps to prevent harm. This is intended to encourage individuals, businesses and governments to take all reasonable prevention or minimisation measures before engaging in activities that could harm biodiversity.

The Biodiversity Bill contains a range of offences that regulate harm to biodiversity. The general duty acts as an extra layer of protection, a failsafe for unanticipated harms. If someone breaches this duty it is not a criminal offence but it does trigger corrective action. Compliance orders, reparation orders or civil court proceedings can be issued to ensure that any harm is swiftly rectified or prevented.

The introduction of a general duty for biodiversity presents a unique opportunity to acknowledge and encourage best practice across a range of industries and the community generally. The bill allows for biodiversity policies to outline what constitutes reasonable measures, providing clear guidelines for compliance.

By accrediting industry practices as compliant with the general duty, the bill gives land managers and others certainty that their actions align with government expectations. Accreditation of industry practices will also enable businesses to maintain access in export markets as global trade increasingly values nature-positive practices. As I previously stated, the bill will be supported by four committees:

The biodiversity council, which will set the policy direction for biodiversity protection and restoration in the state and provide the government with advice. The bill requires that in appointing members to the biodiversity council, peak bodies are able to nominate qualified people to ensure that a strong mix of skills and relevant experience is brought together to provide balanced advice to government.

A clearance assessment committee, which will review and assess land clearance proposals.

The Aboriginal biodiversity committee, which will ensure that Aboriginal knowledge informs biodiversity management.

A scientific committee, which will provide technical and ecological expertise.

While the biodiversity council's composition is detailed in the bill, the other committees will be defined through regulations to ensure that expertise aligns with their roles.

The bill is also supported by three funds. The Biodiversity Restoration Fund and Biodiversity Conservation Fund are largely rolled over from the Native Vegetation Act and the National Parks and Wildlife Act, respectively. The bill establishes a new Biodiversity Administration Fund to provide better transparency and accountability in the expenditure of funds.

For more than 30 years the Native Vegetation Act 1991 has played a key role in preventing the broadscale clearing of South Australia's landscapes. At the time it was progressive and effective in halting widespread destruction; however, over time amendments have made it complex to navigate and administer, and some of its protections have become outdated. The National Parks and Wildlife Act also contains plant protection provisions, mostly for public land. The Biodiversity Bill combines these with those of the Native Vegetation Act, simplifying and strengthening biodiversity protections across all lands.

Under the new act, clearance consent will be required for all plants indigenous to South Australia, regardless of species or size. Indigenous plants from the rest of Australia will also be protected if they meet the regulated tree size under planning laws, are a prescribed species and are part of a biodiversity agreement. Currently, most planted native vegetation is not protected under the Native Vegetation Act. The Biodiversity Act changes this: native plants that were planted at least 20 years ago will now have the same protections as naturally occurring native vegetation. This reform acknowledges and safeguards decades of restoration efforts, ensuring that habitat restoration projects continue to contribute meaningfully to biodiversity conservation.

The bill defines activities that require consent as regulated acts. It also lists some activities that do not require approval, which are mostly carried over from existing native vegetation regulations to ensure continuity. However, all activities, whether regulated or not, must still take steps to minimise harm to biodiversity. The bill also adds new exclusions to support the 20-year planted vegetation rule, ensuring that home gardens can be maintained, commercial forestry and farm forestry operations (including windbreaks) can continue and that commercial floriculture is not disrupted. These are in addition to existing exclusions that exist under the Native Vegetation Act for a range of other activities.

The bill will require stricter application of the mitigation hierarchy. The hierarchy requires applicants seeking to clear native plants to demonstrate that they have as far as is practicable restored, avoided and minimised any harm to biodiversity and where there are remaining adverse impacts that these will be offset. The bill also requires prioritisation of on-ground offset projects before allowing payments into a biodiversity fund. The existing Native Vegetation Act includes a requirement for people clearing native plants to achieve a significant environmental benefit as a means of offsetting their impacts. This is a well-established process but needs revision in line with emerging science and best practice.

The bill requires a new Significant Environmental Benefit (SEB) policy to be developed with extensive consultation. This process will begin following the bill's passage. Importantly, the SEB policy will ensure that offsets genuinely compensate for the impacts and loss and leave biodiversity in a better state. At the same time, development of the policy will have regard for the practical implications for business and industry.

Feedback received through public consultation advocated for revising the principles of preservation, which are carried over from the Native Vegetation Act and are used to guide decision-making. Feedback suggested these need to be updated to reflect current ecological science and be framed to have an outcomes focus. In order to properly consult on these principles and ensure that we receive the correct expert input, revision of the principles will be undertaken as a future project and any proposed changes will need to be brought back to parliament for consideration.

The bill introduces an appeals process for native plant clearance. If a clearance request is denied, the applicant can request a review by the Biodiversity Council. If they are not satisfied, they will then have the option to appeal to the Environment, Resources and Development Court. Existing protections for the taking of native species, such as seed collection and flower picking on public land or for prescribed species, will continue to apply.

The Biodiversity Bill carries forward key protections for native animals from the National Parks and Wildlife Act, while modernising and improving how we manage species at risk. Certain activities, such as taking from the wild, killing, or keeping native animals, will continue to require ministerial approval. These provisions will ensure that interactions with wildlife are properly managed and do not threaten biodiversity.

Currently, the National Parks and Wildlife Act contains an outdated list of unprotected animals that can be controlled or dealt with freely without oversight. The Biodiversity Bill removes this list, replacing it with a more balanced approach to manage species that may cause environmental or economic harm. Provisions within the bill will allow for the continued keeping or managing of those previously unprotected species without any additional regulatory burden.

Instead of a blanket approach, the bill introduces mechanisms such as ministerial declarations which allow for the targeted management of specific species. This will ensure that species that can be problematic, such as little corellas, can be efficiently controlled without requiring individual permits for land managers.

The bill recognises that serious and organised wildlife crime is an increasing threat. It introduces the concept of trafficable quantities, allowing for stronger penalties for activities related to illegal poaching. While existing permit systems for protected animals remain largely unchanged, they have been streamlined and updated to improve clarity and ease of compliance.

At the heart of the Biodiversity Bill is a fundamental goal to prevent extinctions and stop biodiversity loss before it is too late. Species are declining globally, nationally and in South Australia at an alarming rate. What is even more concerning is that we do not fully understand the extent of the loss. Every extinction has an unpredictable ripple effect that could affect our food production, health and industries.

The bill adopts a nationally consistent approach to identifying and listing species at risk of extinction, ensuring that South Australia's approach aligns with best practice. The bill goes beyond listing—it provides new tools to actively protect and restore threatened species and ecosystems, including action plans and threat abatement plans.

Importantly, the bill includes new provisions to recognise and protect critical habitat, which is habitat that is essential for the survival or recovery of a threatened species or ecological community. Without habitat, species cannot survive. Protecting the right places is essential to arresting biodiversity decline and giving species a chance to recover.

The bill describes that the responsible minister must, within six months of listing a species or ecological community, decide whether or not to make or amend a critical habitat declaration. This decision trigger will ensure that we understand and respond to the conservation needs of our most vulnerable biodiversity. In making a critical habitat declaration, the minister would be required to consider the relevant biodiversity policy which would step out the criteria for what constitutes a critical habitat and undertake consultation.

A critical habitat declaration will be spatially explicit so that you can look at a map and understand whether you are within a critical habitat declaration or not. The critical habitat declaration will also be required to describe the features that make it critical. Destroying, damaging or disturbing a critical habitat feature is an offence, and if it is undertaken without authorisation, an authorisation can only be given where the clearance assessment committee is confident that the impacts to the threatened species or threatened ecological community are addressed and offset with on-ground action. Paying money into a fund to offset harm is not an option when it comes to these important features.

By defining these features, the bill seeks to encourage compatible land uses that maintain biodiversity in the landscape. For example, paddock trees with tree hollows may be the critical habitat feature for threatened woodland bird species in a spatially explicit area in our agricultural landscape. By being explicit that tree hollows are the feature that needs to be maintained, the bill allows for surrounding appropriate grazing regimes to continue.

The bill acknowledges that private landholders play a crucial role in protecting and restoring biodiversity. The bill formally recognises and supports these efforts with new tools and agreements. Existing sanctuary provisions from the National Parks and Wildlife Act are carried over, ensuring that these areas remain protected. The bill establishes biodiversity agreements, which replace heritage agreements from the Native Vegetation Act. These agreements offer greater flexibility, allowing conservation to be integrated into working landscapes. They recognise that biodiversity can thrive in diverse landscapes, including farms, woodlands and urban green spaces.

The bill introduces a framework for creating new types of conservation agreements. This ensures that the law can adapt to emerging conservation finance models, such as nature markets, and new scientific understandings of biodiversity conservation. To ensure compliance with biodiversity protections, the bill introduces modern enforcement tools that allow efficient and responsive action. Authorised officers will have contemporary enforcement powers, including the ability to investigate breaches and issue compliance orders.

The bill enables faster enforcement actions to ensure that biodiversity damage is stopped and addressed quickly. For the first time, the bill introduces third-party enforcement provisions, allowing people who are affected by a breach to take legal action in cases of biodiversity harm. Concerned citizens who are not directly affected but have a legitimate interest may also take action with the court's permission. Safeguards are included against vexatious litigation, but this provision is an important way of empowering the public to uphold environmental protections. The bill also includes stronger sentencing considerations and courts will be required to consider the sensitivity of the biodiversity affected, such as harm to a threatened species or critical habitat and the scale of the impact, as well as impacts on Aboriginal people's cultural connections.

Good decisions start with good data. The bill establishes a state biodiversity data system to improve how South Australia collects, manages and stores biodiversity information. The minister responsible for the Biodiversity Act will oversee data collection, management and accessibility. The bill will require government agencies to share biodiversity data, ensuring better coordination. The availability of accurate data will support land use planning, allowing for quicker approvals and stronger conservation planning. To ensure South Australia's biodiversity is protected for future generations, the bill introduces the requirement to develop a state biodiversity plan which will be a strategic road map to protect and restore biodiversity. It will set the long-term vision for biodiversity protection and define statewide biodiversity indicators to track progress.

The plan will also guide conservation investments, ensuring that funding goes where it is needed most. It will use more advanced planning tools, including spatial mapping, to guide regional conservation efforts. It will align South Australia's biodiversity goals with national and global conservation standards. It will also give greater certainty for developers and landholders by clarifying biodiversity priorities to guide development and restoration planning. The bill introduces biodiversity policies to provide guidance on practical implementation of biodiversity conservation measures. These policies will guide the community on issues such as how to comply with the general duty to protect biodiversity and how culturally significant biodiversity entities will be recognised.

A formal procedure for creating policies included in the bill and community consultation will be required before policies are finalised. Guidelines that currently exist under the Native Vegetation Act will be revised to align with the Biodiversity Act. This process, conducted through consultation, will ensure that they remain effective and inclusive. Transparency and accountability are key to protecting biodiversity. The proposed Biodiversity Register will ensure that key decisions and their rationale are documented to enable appropriate scrutiny. This register will highlight our state's green credentials, responsible decision-making and high-value biodiversity areas, including restoration projects. It will assist in supporting nature markets and philanthropic investments in key projects.

The bill makes several related amendments to other pieces of legislation that have the potential to affect biodiversity. The intent is to mainstream consideration of biodiversity in the objects of the Biodiversity Act across sectors and portfolios in recognition that we all share this responsibility. In particular, some amendments are made to the Planning, Development and Infrastructure Act to establish the Biodiversity Act as a special legislative scheme and to enable better and timely interactions with the new critical habitat provisions such that they appear in our planning system and can inform decision-making at the outset.

A new provision will require the minister responsible for administering the Planning, Development and Infrastructure Act to seek the concurrence of the minister responsible for the Biodiversity Act when approving a code amendment to a zone or overlay that is prescribed in the regulation to be of importance to biodiversity. Such zones or overlays could include those that offer protection to biodiversity or those that are likely to contain areas of high biodiversity value.

Through this legislation, we commit to three simple but profound objectives: protect what is irreplaceable, repair what is damaged and share the responsibility. We cannot afford to let biodiversity decline any further on our watch. Our children and grandchildren deserve a future where South Australia's natural landscapes are thriving, where our industries are resilient and productive, and where our unique plants and wildlife are adequately protected.

Before I seek leave to have the explanation of clauses inserted in Hansard, I would like to thank the people who have been involved at the core of preparing this very significant piece of legislation. The biodiversity legislation team—Brett Simes, Sophie Gordon, Emma Ginman and Tina Brew—have done an extraordinary job over the last three years. OPC has put in an outstanding effort to help us as well—Karina Dearden and Aimee Travers. They were supported by Jason Higham and Lisien Loan—above all, Lisien Loan, who has come for so many meetings with me to talk through all of the detail of this legislation—and of course Grant Pelton as the chair of the internal steering committee. There are many, many others in the department who have done an extraordinary job.

I would also like to thank Emily Gore in my office. She is a significant part of the reason that this legislation is so good in content and has also guided the very thoughtful consultation process across the community with stakeholders and across government. I will thank two external people as well. Tim Jarvis, former South Australian of the Year, environmental hero and adventurer, has acted as an ambassador and advocate for this legislation and has shown extraordinary leadership and exceptional communication skills.

I also wish to thank Ken Henry, who came and addressed cabinet to explain his understanding, which is a very profound understanding, of the need for our economics to take account of the importance of nature and to capitalise on the opportunities that are before us, when we get this right, to capture funds from around the world as well as within South Australia to help restore our nature. I commend this legislation to the house and I seek leave to have the explanation of clauses inserted in Hansard without my reading it.

Leave granted.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Commencement

These clauses are formal.

3—Interpretation

This clause defines certain terms used in the measure.

4—Interaction with other Acts

The measure is in addition to and does not limit or derogate from the provisions of any other Act. A requirement to obtain authorisation under the measure to carry out or undertake an act or activity applies despite the fact that the act or activity may be authorised under another Act or law.

The Fire and Emergency Services Act 2005 will prevail to the extent of an inconsistency with the measure.

5—Act to bind Crown

The measure binds the Crown but does not impose criminal liability on the Crown.

6—Operation of Act

This clause sets out the territorial operation of the measure. It also provides that nothing in the measure prevents a native title holder from carrying out or undertaking an act or activity in the exercise of their native title rights and interests.

Part 2—Objects, principles and general duty etc

7—Objects

This clause sets out the objects of the measure.

8—Principles

This clause sets out principles that a person or body engaged in the administration of the measure must seek to give effect to.

9—Acting consistently with State Biodiversity Plan

A person or body engaged in the administration of the measure must act consistently with, and where appropriate give effect to, the State Biodiversity Plan.

10—Aboriginal knowledges

A person or body engaged in the administration of the measure must, as far as is practicable, seek Aboriginal knowledges and, where available and endorsed by the holders of the knowledges, consider and apply the knowledges in certain specified matters.

11—General duty

A person must not carry out or undertake an act or activity that harms or has the potential to harm biodiversity unless the person takes all reasonable and practicable measures to prevent or minimise any resulting harm. The clause also contains provisions to assist in determining what reasonable and practicable measures are required to be taken in accordance with the clause.

Part 3—Administration

Division 1—General

12—Delegation by Minister

This is a delegation power.

13—Ministers not to administer Act

The measure must not be committed to certain Ministers (responsible for mining and planning).

Division 2—Statutory bodies

Subdivision 1—Biodiversity Council

14—Establishment of Biodiversity Council

15—Composition of Council

16—Functions of Council

These clauses establish the Biodiversity Council and set out its membership and functions.

Subdivision 2—Clearance Assessment Committee

17—Establishment of Clearance Assessment Committee

18—Composition of CAC etc

19—Functions of CAC

These clauses establish the Clearance Assessment Committee and set out its membership and functions.

Subdivision 3—Aboriginal Biodiversity Committee

20—Establishment of Aboriginal Biodiversity Committee

21—Composition of ABC etc

22—Functions of ABC

These clauses establish the Aboriginal Biodiversity Committee and set out its membership and functions.

Subdivision 4—Scientific Committee

23—Establishment of Scientific Committee

24—Composition of Scientific Committee etc

25—Functions of Scientific Committee

These clauses establish the Scientific Committee and set out its membership and functions.

Subdivision 5—Other committees, advisory bodies and trusts

26—Other committees and advisory bodies

The Council may, with the approval of the Minister, establish committees to advise or assist the Council and the Minister may also establish any committees and advisory bodies for the purposes of the measure.

27—Ability to establish trusts

The regulations may establish a trust for the purposes of the measure.

Subdivision 6—Conditions of membership, remuneration, procedures and other matters

28—Conditions of membership

29—Remuneration

30—Procedures

31—Application of Public Sector (Honesty and Accountability) Act

32—Staff

33—Annual reports

34—Delegation

35—Validity of acts of Council, committees, advisory bodies and trusts

These clauses establish general procedural and other matters applying to the Council and any committee or advisory body established by or under the measure.

Division 3—Funds

Subdivision 1—Biodiversity Restoration Fund

36—Biodiversity Restoration Fund

37—Accounts and audit

Subdivision 2—Biodiversity Conservation Fund

38—Biodiversity Conservation Fund

Subdivision 3—Biodiversity Administration Fund

39—Biodiversity Administration Fund

Subdivisions 1, 2 and 3 set up various funds and outline the sources of money that are to be paid into each fund and what each fund is to be applied towards. The Biodiversity Restoration Fund (which is subject to the management and control of the Council rather than the Minister) also has provisions about accounts and audit.

Subdivision 4—General

40—Ability to establish other funds

The regulations may establish a fund for the purposes of the measure.

41—Investment

Money in a fund under the Division may be invested in a manner determined by the Minister.

Part 4—Native plants

Division 1—Preliminary

42—Regulated acts or activities

This clause defines the acts and activities that will be regulated acts or activities for the purposes of the Part.

43—Clearing and taking of plants by Aboriginal persons

Except as may be prescribed under subclause (1), nothing in the Part prevents an Aboriginal person from clearing or taking a native plant for the purposes of using the plant for a non-commercial cultural or spiritual practice (which may include using the plant as food in the course of that practice).

44—Declaration to clear and take certain native plants

The Minister may, by notice in the Gazette in accordance with the clause, declare that native plants of a specified species that are not indigenous to the State may be cleared or taken, or both cleared and taken.

Division 2—Offences

45—Offence to carry out or undertake regulated act or activity without authorisation

Subject to the measure, a person must not carry out or undertake a regulated act or activity unless the person is taken to hold an authorisation under clause 48 authorising the person to carry out or undertake the regulated act or activity.

46—Contravention of condition of consent

A person must not contravene a condition attached to a consent given under Division 3.

47—Illegal possession of native plants

A person must not have in their possession or control a native plant that has been illegally taken or acquired.

Division 3—Authorisation

48—Authorisation to carry out or undertake regulated act or activity

This clause sets out when a person is taken to hold an authorisation to carry out or undertake a regulated act or activity.

49—Application for consent

This clause sets out requirements relating to an application for consent to clear native plants.

50—Matters CAC must have regard to when determining application

This clause sets out the matters that the CAC must have regard to in determining an application for consent.

51—Circumstances in which consent may be given etc

This clause sets out circumstances in which consent to the clearance of native plants may, or may not, be given by the CAC under the Division.

52—Consultation and representations

The CAC must, before giving its consent under the Division undertake consultation in accordance with this clause and allow people to make representations.

53—Conditions of consent

This clause details the sorts of conditions that can be imposed on a consent. Conditions imposed on consent to clear native plants are binding on, and enforceable against—

the holder of the consent; and

the owner, and any subsequent owner, of the land to be cleared and any other land to which a condition relates; and

an occupier of the land to be cleared and any other person who acquires the benefit of the consent.

54—Assignment of consent

The CAC may, on application, assign a consent to undertake clearance to another person.

55—Other matters relating to consents

Consent under the Division must be given in writing and remains in force for 2 years or for such longer period (which must not be more than 5 years after the consent is given) as the CAC may fix. The CAC must—

observe the rules of natural justice;

provide the applicant with a written statement of the reasons for its decision;

publish its decision and statement of reasons on the Biodiversity Register.

56—Consent of Minister required if biodiversity agreement applies

Native plants that are growing or situated on land that is subject to a biodiversity agreement that does not allow the clearance to be undertaken cannot be cleared unless the Minister has also given consent to the clearance.

57—Application of Division if referral under Planning, Development and Infrastructure Act

This clause applies certain clauses to circumstances where the CAC is considering a development application referred to it under the Planning, Development and Infrastructure Act 2016.

58—Avoidance of duplication of procedures etc

This clause makes various modifications to procedures and compliance requirements in order to avoid unnecessary duplication with requirements under the Environment Protection and Biodiversity Conservation Act 1999 of the Commonwealth where the clearance of native plants requires consent under both this measure and approval under the Commonwealth Act.

Division 4—Environmental benefit credits

59—Environmental benefit credits

This clause allows a person to apply to the CAC to be credited with achieving an environmental benefit. The CAC must not grant an environmental benefit credit unless satisfied that the land that is the subject of the credit is, or will be, subject to a biodiversity agreement and biodiversity management plan.

60—Use of environmental benefit credit

This clause allows for assignment of the whole or part of an environmental benefit credit and for application of the whole or part of a credit against a requirement under the measure to achieve a significant environmental benefit.

61—Other matters relating to environmental benefit credits

This clause sets out requirements in relation to applications under the Division, provides for establishment of a trust for the purposes of receiving money required by clause 60(6)(b) and its disbursement in the prescribed manner and provides for other matters to be prescribed by the regulations.

Division 5—Review etc of clearance refusal or revocation

62—Review by Council of clearance refusal or revocation

This clause:

allows an applicant for consent to clear native plants to apply to the Council for review of a decision of the CAC to refuse to give consent to the clearance; and

a person whose consent to clear native plants has been revoked to apply to the Council for review of the decision of the CAC to revoke the consent.

63—Appeal to ERD Court against review by Council of clearance refusal or revocation

This clause allows for appeals to the ERD Court against a decision of the Council to confirm a decision that was the subject of a review under clause 62.

Part 5—Protected animals

64—Regulated acts or activities

This clause defines the acts and activities that will be regulated acts or activities for the purposes of the Part.

65—Offence to carry out or undertake regulated act or activity without permit

Subject to the measure, a person must not carry out or undertake a regulated act or activity unless the person holds a permit.

66—Taking of animals and eggs by Aboriginal persons

Except as may be prescribed under subclause (1), nothing in the Part prevents an Aboriginal person from taking a protected animal or protected egg for the purposes of using the animal or egg for a non-commercial cultural or spiritual practice (which may include using the animal or egg as food in the course of that practice).

67—Illegal possession of protected animals etc

A person must not have in their possession or control a protected animal, protected animal product or egg of a protected animal that has been illegally taken or acquired.

68—Management plan in relation to harvesting relevant protected animals

The Minister must prepare a management plan, in accordance with this clause, in relation to the harvesting of each relevant protected animal.

69—Declaration to take certain protected animals

The Minister may, by notice in the Gazette in accordance with the clause, declare that protected animals of a specified species, or protected eggs of a specified species of protected animal, may be taken.

Part 6—Threatened species, threatened ecological communities and listed ecological entities

Division 1—Designated lists

70—Threatened species list

The Minister must establish and maintain a threatened species list in accordance with this clause.

71—Threatened ecological communities list

The Minister must establish and maintain a threatened ecological communities list in accordance with this clause.

72—Ecological entities list

The Minister may establish and maintain a list in respect of any ecological entity (other than a native species, ecological community or critical habitat).

Division 2—Eligibility

73—Eligibility criteria

The regulations may prescribe the criteria to be applied to determine the eligibility of a native species, ecological community or ecological entity to be included in a designated list and in a particular category of a designated list.

Division 3—Processes

74—Establishing or revoking designated lists

This clause provides for establishing a designated list and for revoking an ecological entities list.

75—Listing decision

This clause specifies what a listing decision is.

76—Listing process

A listing decision may only be made in accordance with the process set out in this clause unless clause 77 applies.

77—Expedited listing process

This clause sets out circumstances in which the Minister need not follow the process set out in clause 76.

78—Provisional listing

This clause sets out circumstances in which the Minister may make a provisional listing.

Division 4—Protection of threatened species, threatened ecological communities and listed ecological entities etc

79—Action plans

This clause sets out provisions relating to action plans which may be prepared and published by the Minister in respect of threatened species, threatened ecological communities, listed ecological entities or critical habitats.

80—Declaration of key threatening process

The Minister may declare a threatening process to be a key threatening process in accordance with this clause.

81—Threat abatement plans

The Minister may prepare and publish threat abatement plans in respect of key threatening processes in accordance with this clause. The Minister must take reasonable steps to implement a threat abatement plan and must report on the implementation and effectiveness of the plan.

82—Extinction inquiry

Under this clause the Scientific Committee is required to undertake an inquiry into the potential extinction of a native species or the potential collapse of an ecological community in certain circumstances.

83—Protection of threatened species of fish

This clause requires the Minister to consult with the Minister responsible for the administration of the Fisheries Management Act 2007 when a species of fish is added to the threatened species list.

Division 5—Protection of critical habitat

84—Declaration of critical habitat

The Minister may declare habitat of a threatened species, threatened ecological community or listed ecological entity to be critical habitat in accordance with this clause.

85—Minister may enter into agreement or arrange for action plan

The Minister may engage with the owner of land on which critical habitat is located to protect the habitat by entering into a biodiversity agreement or arranging for the preparation of an action plan.

86—Offence to destroy, damage or disturb critical habitat without authorisation

Subject to the measure, a person must not destroy, damage or disturb critical habitat features of critical habitat unless the person is taken to hold an authorisation under clause 88 authorising the person to carry out or undertake the destruction, damage or disturbance.

87—Destroying, damaging or disturbing critical habitat by Aboriginal persons

Subject to regulations under subclause (1), the Division does not prevent an Aboriginal person from destroying, damaging or disturbing critical habitat features of critical habitat for the purposes of using the critical habitat features for a non-commercial cultural or spiritual practice (which may include using the features as food in the course of that practice).

88—Authorisation to destroy, damage or disturb critical habitat features

This clause sets out when a person is taken to hold an authorisation to destroy, damage or disturb critical habitat features of critical habitat.

89—Application for consent

This clause sets out requirements relating to an application for consent under the Division.

90—Circumstances in which consent may be given etc

This clause sets out circumstances in which CAC can give consent to an application to which clause 89 applies where the proposed destruction, damage or disturbance of critical habitat features of critical habitat is, in the opinion of the CAC, likely to negatively impact on, or hinder the recovery of, the threatened species, threatened ecological community or listed ecological entity that was the basis for the habitat's eligibility to be declared as critical habitat.

91—Consultation and representations

The regulations may set out consultation requirements relating to applications for consent and the clause provides an entitlement for a person to make representations in writing to the CAC in relation to the giving or refusal of consent to an application to destroy, damage or disturb critical habitat features of critical habitat.

92—Conditions of consent

CAC may impose conditions on a consent in accordance with this clause and the conditions are binding on, and enforceable against—

the holder of the consent; and

the owner, and subsequent owner, of the land on which the critical habitat is situated and any other land to which a condition relates; and

an occupier of the land on which the critical habitat is situated and any other person who acquires the benefit of the consent.

93—Contravention of condition of consent

A person must not contravene a condition of a consent given under the Division.

94—Assignment of consent

The CAC may, on application, assign a consent under the Division to another person.

95—Other matters relating to consents

Consent under the Division must be given in writing and remains in force for 2 years or for such longer period (which must not be more than 5 years after the consent is given) as the CAC may fix. The CAC must—

observe the rules of natural justice;

provide the applicant with a written statement of the reasons for its decision;

publish its decision and statement of reasons on the Biodiversity Register.

Part 7—Conserved areas

Division 1—Sanctuaries and other conservation areas

96—Establishment of sanctuaries

A sanctuary may be established by the Minister in accordance with this clause.

97—Other conservation areas

The regulations may establish, or set out processes for establishing, conservation areas on private land, with the consent of the owner of the land.

Division 2—Biodiversity agreements

98—Biodiversity agreements

The Minister may enter into a biodiversity agreement with the owner of land in accordance with this clause.

Division 3—Financial and other assistance

99—Financial and other assistance

An application may be made to the Council for financial or other assistance in accordance with this clause for the purposes specified in the clause.

Part 8—Enforcement

Division 1—Authorised officers

100—Appointment of authorised officers

Authorised officers under the measure are—

persons appointed by the Minister;

police officers;

wardens appointed under the National Parks Act 1972, other than wardens whose appointments are limited to a particular provision or provisions of the National Parks Act 1972 or to a particular reserve or reserves.

101—Identification of authorised officers

This clause provides for the issuing, and production, of identity cards.

102—Powers of authorised officers

This clause sets out the powers of an authorised officer under the measure.

103—Issue of warrants

This clause provides for the issue of warrants by the Magistrates Court or a justice.

104—Provisions relating to seizure

This clause sets out how things seized under the measure must be dealt with.

105—Offence to hinder etc authorised officers

It is an offence to hinder, obstruct , abuse etc an authorised officer or to refuse or fail to comply with a requirement or answer a question or to make a false representation. It is also an offence to assault an authorised officer.

106—Self-incrimination

It is not a reasonable excuse for a person to fail to answer a question or to produce, or provide a copy of, a document or information as required under the measure on the ground that to do so might tend to incriminate the person or make the person liable to a penalty.

Division 2—Power to require or obtain information

107—Information discovery orders

An authorised officer may, for the purpose of obtaining information reasonably required for the administration, operation or enforcement of the measure, issue an information discovery order to a person who is reasonably suspected of having knowledge of, or documents dealing with, a matter. Failure to comply with the order is an offence.

108—Obtaining of information on non-compliance with order

If a person fails to furnish information as required by an information discovery order or furnishes information that is inaccurate or incomplete, the authorised officer who issued the order may take such action as is reasonably required to obtain the information and may recover reasonable costs and expenses incurred.

109—Appeal to ERD Court

A person to whom an information discovery order has been issued may appeal to the ERD Court against the order or any variation of the order.

Division 3—Administrative remedies

110—Interpretation

This clause defines designated authority for the purposes of the Division.

111—Compliance orders

A designated authority may issue a compliance order, or an emergency compliance order, in accordance with this clause for the purposes of securing compliance with a requirement imposed, or duty created, by or under the measure. Failure to comply with the order is an offence.

112—Reparation orders

If a designated authority is satisfied that a person has caused harm to biodiversity by breach of any requirement imposed, or duty created, by or under the measure, the designated authority may issue a reparation order in accordance with this clause requiring the person to take certain action. Failure to comply with the order is an offence.

113—Action on non-compliance with compliance order or reparation order

If the requirements of a compliance order or reparation order are not complied with, the Minister may take any action required to give effect to the order in accordance with this clause and may recover reasonable costs and expenses incurred.

114—Registration of orders by Registrar-General

The Minister may apply to the Registrar-General for the registration of a compliance order or reparation order issued in relation to an activity carried out on land, or that requires a person to take action on or in relation to land.

115—Enforceable voluntary undertakings

The Minister may accept a written undertaking given by a person in connection with a matter relating to a breach or alleged breach of the measure. Failure to comply with the undertaking is an offence.

Division 4—Enforcement proceedings

Subdivision 1—Civil enforcement

116—Application to ERD Court for enforcement

Various specified persons may apply to the ERD Court in accordance with this clause for an order to remedy or restrain a breach of the measure.

117—Order where native plants have been cleared

Subject to the clause, if the ERD Court is satisfied on the balance of probabilities that the respondent has cleared native plants in breach of the measure Act or has not complied with certain kinds of condition attached to the consent, the Court must make an order against the respondent requiring the respondent to make good the breach.

118—No development orders

If the owner of land is convicted of an offence against clause 45 or clause 46 in relation to clearance of native plants, the ERD Court may, in addition to imposing a penalty for the offence, order that no development of the land in relation to which the offence was committed may be undertaken during a period (not exceeding 10 years) fixed by the Court except for the purpose of re-establishing or restoring native plants cleared in, or otherwise making good any damage to native plants caused through, the commission of the offence. A person who undertakes development contrary to such an order is, in addition to liability for contempt of the order, guilty of an offence.

119—Interim order

The ERD Court may make an interim order if it is satisfied that is desirable in order to protect biodiversity or to preserve the rights or interests of parties to the proceedings, or for any other reason.

120—Enforcement of ERD Court orders

A person who contravenes an order of the ERD Court under the Division is, in addition to liability for contempt of the order, guilty of an offence. If the ERD Court makes an order requiring a respondent to make good the breach and the respondent fails to comply with the order, the Minister may cause any work contemplated by the order to be carried out, and may recover the reasonable costs and expenses of that work.

121—Miscellaneous provisions

This clause makes various provisions in relation to orders of the ERD Court under the Division.

122—Commencement of proceedings

Proceedings under the Subdivision must be commenced within 1 year after the date on which the respondent expiated, or was convicted or found guilty of, an offence to which the proceedings relate or, in any other case, within 5 years after the date on which the breach is alleged to have occurred or, with the authorisation of the Attorney-General, within 10 years after the date on which the breach is alleged to have occurred.

123—Initiating civil proceedings to require offender to make good clearance of plants

If a court finds a person guilty of an offence against clause 45 or clause 46 in relation to clearance of native plants, the CAC must, within the prescribed period, initiate civil proceedings under the Subdivision in order to require the offender to make good the breach of the measure unless such proceedings have already been commenced in, or an order has already been made by, the ERD Court under the Subdivision in relation to the matter, or the finding of guilt is overturned on appeal.

124—Recovery of civil penalty in respect of breach

The relevant authority (being either the Minister or CAC) may, as an alternative to criminal proceedings, recover, by negotiation or by application to the ERD Court, an amount as a civil penalty in respect of a breach of the Act in accordance with this clause.

Subdivision 2—Criminal enforcement

125—Jurisdiction of ERD Court

Offences constituted by the measure lie within the criminal jurisdiction of the ERD Court.

126—Applications during or after criminal proceedings

This clause allows a court that is or has dealt with criminal proceedings under the measure to also deal with an application for an order under the measure.

127—Commencement of proceedings for offence

Proceedings for an offence against the measure may be commenced at any time within 5 years after the date on which the offence is alleged to have been committed or, with the authorisation of the Attorney-General, at any later time within 10 years after the date on which the offence is alleged to have been committed.

128—Offences by bodies corporate

Where a body corporate is guilty of an offence against the measure, each member of the governing body, and the manager, of the body corporate are guilty of an offence and liable to the same penalty as is prescribed for the principal offence.

129—Sentencing considerations

This clause sets out matters that a court is to have regard to in imposing a penalty for an offence under the measure.

Subdivision 3—Defences

130—Application of defences

A person charged with an offence against the measure bears the legal onus of proving, on the balance of probabilities, any defence under the measure. Any challenged statement of fact or opinion in support of a defence must be substantiated on oath.

131—Notice of defences

A person who intends to rely on a defence may only do so if the person gives notice in writing of that intention to the Minister.

132—General defence

It is a defence to a charge of an offence against the measure if the defendant proves that the alleged offence was not committed intentionally and did not result from any failure on the part of the defendant to take reasonable care to avoid the commission of the offence.

133—Acts authorised under legislation

It is a defence to a charge of an offence against the measure to prove that the defendant acted in compliance with a requirement of, or in accordance with a power under, this measure or another Act or in prescribed circumstances.

134—Defences in relation to Part 5

This clause sets out various defences that are specific to the protected animal offences.

135—Defence in relation to hunting

This clause sets out various defences that are specific to the hunting offence.

Subdivision 4—Evidentiary provisions

136—Interpretation

This clause defines terms used in the Subdivision.

137—General evidentiary matters

138—Documents and data

These clauses specify various ways in which matters can be proved in proceedings under the measure (by allegation in the application or information or evidentiary certificate etc).

139—Possession

This clause defines the concept of possession for the purposes of the measure.

Subdivision 5—General provisions

140—Classification of offences

This clause specifies when offences are classified as summary or as minor indictable for the purposes of the measure.

141—Aggregation of offences

Certain protected animal offences may be aggregated (so that the quantity of the protected animals, protected animal products or eggs concerned for the purposes of the offence is the total quantity of the protected animals, protected animal products or eggs in respect of the different separate offences).

142—Culturally sensitive information

A court may dispense with any formalities it considers appropriate in order to facilitate the hearing of culturally sensitive information.

143—Interest

This clause specifies how interest accrues on certain unpaid amounts.

144—Sale of land for non-payment

An amount payable under the measure, or interest in relation to such an amount, is a first charge on land and if it has been unpaid for 1 year or more, the Minister may sell the land in accordance with this clause.

145—Constitution of ERD Court

This clause makes provision in relation to the constitution of the ERD Court when exercising jurisdiction under the measure.

146—Assessment of costs and expenses

The reasonable costs and expenses that have been or would be incurred by the Minister in taking any action under the measure are to be assessed by reference to the reasonable costs and expenses that would have been or would be incurred in having the action taken by independent contractors engaged for that purpose.

147—Vicarious liability

For the purposes of the measure, an act or omission of an employee or agent will be taken to be the act or omission of the employer or principal unless it is proved that the act or omission did not occur in the course of the employment or agency.

148—Statement of officer evidence against body corporate

A statement made by an officer of a body corporate is admissible as evidence against the body corporate in proceedings for an offence under the measure.

149—Recovery from related bodies corporate

Related bodies corporate are jointly and severally liable for amounts payable under the measure.

Subdivision 6—Appeals

150—Appeal to ERD Court against prescribed order

A person to whom a compliance order, reparation order or order to comply with an enforceable voluntary undertaking is issued may appeal to the ERD Court against the order or any variation of the order in accordance with this clause.

151—Appeals to Supreme Court

An appeal lies to the Supreme Court against an order made, or a decision not to make an order, under the 'Civil enforcement' Subdivision.

Part 9—Permits

152—Prescribed matters

This is a regulation making power relating to permits.

153—Permits—general matters

This clause sets out the general matters relating to permits such as applying for a permit, grounds for refusing a permit, variation of a permit, suspension or revocation of a permit and the term of a permit.

154—Permits—conditions

This clause sets out some of the matters that may be dealt with in permit conditions.

155—Permits—fees

This clause makes provision in relation to permit fees, which will be prescribed and may exceed the Minister's costs in granting the permits and administering the measure in relation to the permits.

156—Permits—provision of information

The holder of a permit must provide the Minister with information in accordance with this clause.

157—Permits—certain areas

This clause creates special provisions for permits relating to an act or activity that is to be, or may be, undertaken within a River Murray Protection Area or an act or activity that is to be, or may be, undertaken within the Adelaide Dolphin Sanctuary.

158—Permits for commercial purposes relating to native plants

This clause provides a process for the declaration of a species of plant that may be the subject of a permit authorising the taking and sale of such plants for commercial purposes.

159—Permits to take native plant that is critical habitat feature

This clause imposes a restriction on the grant of a permit that relates to the taking of a plant that is a critical habitat feature of critical habitat and is, in the opinion of the Minister, likely to negatively impact on, or hinder the recovery of, the threatened species, threatened ecological community or listed ecological entity that was the basis for the habitat's eligibility to be declared as critical habitat.

160—Permits to carry out or undertake regulated acts or activities under Part 5

The Minister may only grant a permit to take a protected animal or a protected egg in accordance with this clause.

161—Permits to hunt

A permit cannot authorise hunting within the Adelaide Dolphin Sanctuary.

162—Review by SACAT of certain permits

A person who has applied for a permit in respect of taking a protected animal or a protected egg may apply to SACAT for review of certain decisions of the Minister.

163—Contravention of condition etc of permit

A person must not contravene a condition of, or requirement, restriction or limitation applying in respect of, a permit granted to the person.

164—Royalty

A permit granted under the measure may require the permit holder to pay a royalty.

165—False representation

It is an offence for a person to falsely represent that they are the holder of a permit granted by the Minister under the measure.

Part 10—Miscellaneous

166—Offence to hunt without permit

Subject to the measure, it is an offence for a person to hunt unless the person holds a permit.

167—Hunting by Aboriginal persons

Nothing in the previous clause prevents an Aboriginal person from hunting for the purposes of using the hunted animal for a non-commercial cultural or spiritual practice (which may include using the animal as food in the course of that practice).

168—Unlawful entry on land

This clause creates various offences in relation to being on land for a specified purpose.

169—Restriction on use of certain devices

The Governor may, by proclamation, restrict or prohibit the use of firearms, ammunition or taking devices of a specified class for the taking of specified species of animals or for the taking of animals generally and it is an offence to contravene such a restriction or prohibition.

170—Noting of conditions or agreements against title to land

This clause provides for the Registrar-General noting conditions imposed under the measure, or noting an agreement, a variation or termination of an agreement or the expiration of a term of an agreement under the measure, against the relevant instrument of title for the land or, in the case of land not under the Real Property Act 1886, against the land.

171—Minister may sell or dispose of surrendered animal, animal product or egg

The Minister may sell, or dispose of as the Minister thinks fit, any protected animal, protected animal product or egg of a protected animal surrendered under the measure.

172—State biodiversity data

The Minister is responsible for compiling, maintaining and updating State biodiversity data and for providing access to such data in accordance with this clause.

173—State Biodiversity Plan

The Minister must prepare, publish and maintain a State Biodiversity Plan in accordance with this clause.

174—Council guidelines

The Council may prepare and adopt guidelines in relation to—

the clearance or taking of native plants;

damaging, destroying or disturbing critical habitat features of critical habitat;

any other matter required by or under the measure.

175—Biodiversity policies

The Minister may make biodiversity policies for the purposes of the measure in accordance with this clause.

176—Biodiversity management plans

A biodiversity management plan required for the purposes of the measure must be prepared in accordance with this clause.

177—Biodiversity Register

The Minister must establish and maintain a website for the purposes of the measure which contains the following:

the information in respect of applications received by the CAC for consent to clear native plants and for consent to destroy, damage or disturb critical habitat features of critical habitat;

prescribed information in relation to clearances in respect of which the CAC must be notified;

certain matters relating to environmental benefit credits;

biodiversity agreements;

each prescribed area of land;

each Culturally Significant Biodiversity Entity;

any management plans adopted under clause 68;

the threatened species list;

the threatened ecological communities list;

an ecological entities list established and maintained under clause 72;

an action plan made under clause 79;

a threat abatement plan made under clause 81;

habitat declared to be critical habitat;

records of compliance orders and reparation orders;

records of proceedings in respect of enforcement and any decision, order or determination of a court in such proceedings;

enforceable voluntary undertakings accepted by the Minister;

any management plans adopted under clause 158;

a record of any notice in the Gazette required by or under the measure;

Council guidelines;

biodiversity policies;

any other document or matter required by the measure to be published on the register or prescribed by the regulations.

178—False and misleading information

This clause creates an offence of providing false or misleading information under the measure.

179—Service of notices etc

This clause specifies that manner of giving notices and other documents as required under the measure.

180—Concurrence under Planning, Development and Infrastructure Act

If a request is made for the Minister's concurrence under section 73 of the Planning, Development and Infrastructure Act 2016, the Minister must, in determining whether to grant concurrence have regard to, and seek to further, the objects and principles of the measure and act consistently with the State Biodiversity Plan.

181—Reports of public sector agencies

An annual report that is required to be prepared by a public sector agency must, to the extent that it is relevant to the operations or activities of the agency, include a report on the manner in which the agency is addressing matters relating to biodiversity conservation, restoration and enhancement.

182—Waiver etc of fees

The Minister may waive, reduce or remit a fee imposed under the measure if the Minister considers it appropriate to do so.

183—Regulations and fee notices

This is a regulation making power and power to make fee notices.

184—Review of Act

The Minister must cause independent reviews of the measure to be undertaken after 5 years and at further intervals not exceeding 10 years.

Schedule 1—Regulated clearance area

This Schedule provides for the definition of the regulated clearance area by a plan or plans deposited in the GRO and identified by the Minister by notice in the Gazette.

Schedule 2—Native plants—regulated acts or activities exclusions

This Schedule specifies acts or activities that are not regulated acts or activities for the purposes of clause 42(2).

Schedule 3—Principles of preservation of native plants

This Schedule sets out the principles of preservation of native plants in accordance with the definition of that term in clause 3.

Schedule 4—Protected animals—regulated acts or activities exclusions

This Schedule specifies acts or activities that are not regulated acts or activities for the purposes of clause 64(2).

Schedule 5—Related amendments and repeals

This Schedule updates references and makes other necessary related amendments to the following Acts:

Adelaide Dolphin Sanctuary Act 2005

Arkaroola Protection Act 2012

Biosecurity Act 2025

Coast Protection Act 1972

Community Titles Act 1996

Criminal Assets Confiscation Act 2005

Criminal Investigation (Covert Operations) Act 2009

Crown Land Management Act 2009

Dog and Cat Management Act 1995

Energy Resources Act 2000

Environment Protection Act 1993

Fire and Emergency Services Act 2005

Firearms Act 2015

Fisheries Management Act 2007

Harbors and Navigation Act 1993

Hydrogen and Renewable Energy Act 2023

Landscape South Australia Act 2019

Land Tax Act 1936

Livestock Act 1997

Maralinga Tjarutja Land Rights Act 1984

Marine Parks Act 2007

Mining Act 1971

National Parks and Wildlife Act 1972

Parliamentary Committees Act 1991

Pastoral Land Management and Conservation Act 1989

Planning, Development and Infrastructure Act 2016

Real Property Act 1886

Recreational Greenways Act 2000

River Murray Act 2003

Strata Titles Act 1988

Unexplained Wealth (Commonwealth Powers) Act 2021

Wilderness Protection Act 1992.

The Schedule also repeals the Native Vegetation Act 1991 and the regulations under that Act.

Debate adjourned on motion of Hon. D.G. Pisoni.

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